Legal Question in Credit and Debt Law in California

Asset Statement and Examination for small claims

I was sued in small claims court but was unable to go so the judge rendered a judgment against me. The plaintif then requested that I appear in court to show an Asset Statment. I was also unable to attend but have told the Plaintif that I would make payments against the original judgement. Since I did not attend the 2nd hearing, the judge cited me for being in contempt of court and I guess issued a bench warrant. The plaintif is telling me that he can issue this warrant to the Sherrif's dept. as his will and have me arrested if I do not compy with his repayment terms. Can the Plaintif really do this? Can the Judge really give him that power? How was this plaintif able to turn a civil case into now I guess a warrant against me. The Plaintif is now making little threatening remarks stating that if I do not comply with his terms he'll have me arrested. What can I do?


Asked on 2/18/08, 6:53 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Asset Statement and Examination for small claims

The short answer is that, yes, he can give this to the Sheriff and have you arrested. In Sacramento County, the Sheriff will, if they have the warrant, arrest you, take you to the jail, and then release you on a bond. The bond costs $2,500, last time I checked.

Why is it a criminal matter? Because the order of examination that you failed to attend is a court order. You disobeyed a court order. Judge's don't like that. So, the judge issues the bench warrant.

The easiest way to resolve this: pay it off now. As long as you owe the money, he can send the warrant to the sheriff and you can be arrested.

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Answered on 2/18/08, 6:59 pm


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